Judge Allows Missouri Abortion Provider To Join Suit Against Law That Would Require Abortion Clinics To Upgrade Facilities

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice;  Women's Health / Gynecology
Article Date: 07 Sep 2007 - 6:00 PDT

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U.S. District Judge Ortrie Smith on Friday ruled that physician Allen Palmer -- who operates the Women's Care Gynecology clinic in Bridgeton, Mo. -- can join a lawsuit that seeks to block the implementation of a new state law (SB 370) that would upgrade facilities that perform some abortions, the St. Louis Post-Dispatch reports (Mannies, St. Louis Post-Dispatch, 9/1).

The law designates facilities performing second- or third-trimester abortions or more than five first-trimester abortions each month as "ambulatory surgical centers," which are subject to increased regulation from the state Department of Health and Senior Services. It also requires that hallways at the facilities be at least six feet wide and doors at least 44 inches wide. The clinics must also have separate male and female changing rooms for staff and a recovery room with space for a minimum of four beds with three feet of clearance around each bed. The health department has said the law requires that three clinics in the state be licensed.

Planned Parenthood of Kansas and Mid-Missouri last month filed a lawsuit that asks a federal court to block enforcement of the law. The suit alleges that the new regulations are unnecessary and are not meant to improve safety, but rather to interfere with a woman's constitutional right to abortion. PPKM in the suit also is asking that its Columbia and Kansas City clinics be exempt from the law because they were open before the law was passed. Smith last month issued a temporary restraining order blocking implementation of the law, which was scheduled to take effect Aug. 28 (Kaiser Daily Women's Health Policy Report, 8/28).

Palmer's Brief
Palmer, who is being represented by the Center for Reproductive Rights, in his legal brief said that his practice would be in jeopardy if he is forced to comply with the new regulations. Palmer's attorneys also said that private physician offices are not defined as ambulatory surgical centers by state law.

Palmer in his brief said that he and his staff sought information from the state health department about which new regulations the department believes he needs to comply with. Palmer said the department's only response was "a letter threatening him with unspecified 'action.'" Health department officials in a statement issued Friday said that under the former law, "abortion clinics in Missouri have never been fully regulated and that has put women's health and safety at risk."

According to the Post-Dispatch, Palmer is the only physician in Missouri who has publicly acknowledged performing abortions at a private practice (St. Louis Post-Dispatch, 9/1).

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